The New York Herald Newspaper, February 4, 1879, Page 3

y WASHINGTON. Feeling Over the New York Appointments. ACTION OF THE DEMOCRATS. Causes Which led to the Confirmation. THE ARREARS OF PENSIONS. _ Proposed Amendments to the Federal Jury Law. FROM OUR SPECIAL CORRESPONDENT, Wasuinctox, Feb. 3, 1879, THE NEW YORK NOMINATIONS. ‘The confirmation of General Merritt as Collector of New York this evening did not surprise those who have watched the case carefully. Ten days ago it was commonly ‘said that the Senate would reject the nomination by a large majority; it was even very confidently asserted that the administration would not get fifteen votes altogether, and this was prob- ably true at that time. But when last Wednes- day the executive session broke up without a decision some of Mr. Conkling’s friends did not con- ceal their disappointment and uneasiness, and since that day the result has been considered doubtful by ‘ the well informed, and the delays since then havo been accounted favorablo to the administration, as the event has shown them to have necn. Neverthe- Jess, the administration’s victory has caused a good deal of surprise this evening, even among its friends. Mr. Conklin’s uniform success and the administra- tion’s repeated failures combined .to lead most peo- ple to expect General Merritt’s rejection and another triumph for Mr. Conkling. When the nomination of Mr. Roosevelt was rejected the democratic Senators who then aided Mr. Conk- ling are known to have been reproached by their friends with having made a party blunder; but their reply was that, the administration being republican, it ought not to secure theconfirmation of its nomina- tions solely by democratic votes, and that the demo- cratic party desired no such responsibility. It was understood when General Merritt’s nomination was sent in that unless the administration could find reasonable number of defenders on the republican side the democrats would take no interest in the caso, but let it go as the republicans, led by Mr. Coukling, should desire. What is said and done in executive session is, of course, absolutely secret; but common rumor has it that for @ timo the admin- istration republicans who came forward to defend the nomination of General Merritt were few in num- ber and feeble in voice, and that it was not until the battle began to rage between Secretary Sherman and Senator Conkling that sides were vigorously taken, A Conkling republican said this afternoon that his chief committed a fault when he attacked the Secre- tary of the Treagury directly, and that he would have done better, and alienated fewer votes, had he at- tacked only tho President and the administration policy. On the other hand, it is said that the demo- cratic dislike of Mr. Sherman was a drawback to the administration, and that if another person, less dis- liked, had been Secretary of the ‘Treasury, the votes to confirm would have been more easily secured. On Friday it was admitted that the administration hed ten republican votes, with a prospect of five or six more, and the fact that Secre- tary Sherman was taking @ personal and very active interest in the struggle gave rise to a belief that he and the administration would probably win. Mr. Bherman has declared from the beginning the strongest belief that General Merritt would, in the ‘end, be confirmed. Toaconsiderable extent the question among the democratic Senators was which of the two possible ‘conclusions would be most damaging to their oppo- ‘nents? There arose, however, besides this beforo ‘them the question whether the President, being by the constitution responsible for his subordinates ought not to be allowed to select these and to have his nominees confirmed if they were men of good character. This consideration had a great in- fluence over those democratic Senators who voted to confirm, while others were driven to Mr. Conk- ling’s side by & strong indisposition to be responsible for republican officeholders, and a desire to let the republican Senators decide such cases independently of the democrats. The prolonged and bitter struggle has brought sen- sible people here to the conclusion that the coun, try and the public interest would be decidedly benefited, without the least injury to the dignity of the Senate, if the custom of considering nominations in secret session were totally abolished. The excuse for this custom is that the Senate has the duty of examining into the private characters of candidates, but the examination they make is not and cannot be more thorough oran- noying than that made by the press, public speakers and voters, of every candidate who comes before the people for election. There is no doubt that the con- sideration of nominations in secret or executive ses- sions is @ means of injustice oftener than justice, and that it is preserved tenaciously by Senators mainly because it is a means of maintaining that specios of bargain which in political slang is called the “courtesy of the Senate. + GENERAL WASHINGTON DESPATCHES. ~~ ‘Wasurinotox, Feb. 8, 1879, THE ARREARS OF PENSIONS—BILLS FOR THE APPROPRIATION OF THE NECESSARY MONEY IN THE HOUSE. A number of bills for sa appropriation to pay srrears of pensions as provided by the recent law of Congress, were offered in the House to-day. The first of these was by Representative Cutler, of New Jersey, and appropriates $100,000,000, or so much thereof as may be necessary for that purpose, under the act of January 25, and provides that the same may be immediately available. The bill was referred to the Committee on Appropriations. Another, offered by Mr. White, of Pennsylvania, ap- Propriates $20,000,000 for the same purpose. The bill introduced by Mr. Burchard, of Dlinois, authorizes the issue of $40,000,000 of four per cent bonds to be devoted to the payment of the arrears, On a motion to suspend the rules and pass this bill the vote stood 140 to 81, showing a large majority in its favor, thongh not the requisite two-thirds for the suspension of the rules. THE FEDERAL JURORS LAW—AMENDMENTS DE- TERMINED ON BY THE DEMOCRATS IN CAUCUS, An adjourned democratic caucus was held to-night in the Hall of the House of Representatives. Not more than fifty or sixty mombers were present, in- cluding four or.five Senators. The principal subject discussed was tho selection and qualification of jurors in the federal courts, It was stated that there was much ground for complaint in the South, where too often jurors were not selected impartially, but by reason of their republican proclivities. ‘Therofore & proposition was made that an amendment be pffored to one of the General Appropriation bills in order to clearly carry out the provisions of the Judi- ciary act, which provides that jurors who serve in courts of the United States in each State respect ively shall have the same qualifications and be en- titled to tho same exemptions as jurors of the highest court in any sach State may have and be en- titled to at the time when such jurors for service in the courts of the United States are summoned. ‘The amendment will also propose the repeal of the sections of the act imposing a test oath on jurors that they have not without duress and constraint taken up arms or joined any insurrection or rebellion ayainst the United States nor voluntarily given aid and comfort tothe enemy. ‘The law requires the court to discharge any person declining to tako this ath from serving on the grand or petit jury, It was NEW YORK HERALD, TUESDAY, FEBRUARY 4, 1879—TRIPLE SHEET. unanimously agreed to that an amendment for the Purpose above stated should be offered in the House. THE POTTER SUB-COMMITTEE TO VISIT NEW YORK. Although considerable pressure has been brought to bear upon Representative McMahon with a view to inducing him to serve as chairman of the Potter sub-committee, who are to visit New York city, that gentleman said this afternoon that it would be utterly impossible for him to act. A change on the republican side has also been effected, Mr. Reed, of Maine, having been substituted for Governor Cox, the latter desiring to be relieved from the duty owing to the pressure of other business. This arrangement was made by the republican members of the committee, and, although no meeting has been held, it is under- stood the change is acquiesced in by all of the members, ALLEGED INTIMIDATION AND OUTRAGE IN LOUISIANA-—EFFORT TO KEEP OUT THE BLAINE INVESTIGATION, In the Senate to-day Mr. Teller, chairman of the Riaine Investigating Committeo, presented a lengthy petition signed by C.C. Antoine, E. T. Fisher and fifty-five other colored people of Louisiana, com- plaining that they share the burdens of taxation, and although the recent amendments to the constitution have given them political equality, that at the last Congressional election they were met by armed and hostile white men who, for months prior to tho cleetion, combined together in companies known as democratic clubs. ‘he pe- titioners complain of intimidation on the part of these clubs; state that many innocent men and par- ties innocent of any crime were whipped and cruelly beaten; political clubs were broken up, and the right to organize among the republicans denied. As the time for the election approached greater acts of violence were committed. Murder, by ‘hanging and the Winchester rifle, was the culminating result of an organized po- litical conspiracy to control the election. They de- clare that their history shows that they as a race are peacefal, not revengeful, nor are they assassins. In conclusion they invoke the power of the'federal gov- ernment to protect them in their rights. The peti- tion having been read at length, at the request of Mr. ‘Teller, was referred to the special committee of which he is chairman. THE HUNTON-ALEXANDER TROUBLE BEFORE THE GRAND JURY-—-LOOKING APTER A REPORTER'S SOURCE OF INFORMATION. The Grand Jury to-day resumed the consideration of the charges against General Hunton for challeng- ing Columbus Alexander. Captain F. C. Shepperd and F. E. Alexander were examined. The sub- pena for Colonel Stewart, postmaster of the House, was returned non est, Subpoenas for several other witnesses were issued, among them being one for Mr. James McNabb, Jr., a newspaper reporter, who is required to state where he obtained certain information relative to the Grand Jury pro- ceedings which have been published in certain New York papers. The publication of the procoed- ings of the jury in this case has created considerable feeling among the members of the jury, as the article in question purports to be an interview with a juror. THE SEWARD INVESTIGATION. The House Committee on Expenditures in the State Department, investigating the charges preferred against Minister George F. Seward, met this morning pursuant to adjournment. Mr. Seward was asked if he was now ready to produce the books called for in the subpana duces tecum, and in reply said he would answer all such interrogatories through his counsel. It was not decided at the meeting this morning whether or not he should be reported to the House, Tho prosecution gave notice that they had closed their side of the case, and counsel for the defence announced that they would now proceed to close, and that Messrs. Talbot, Olyphant and A. A. Hayes, Jr., of New York city, would be prepared to give testimony on Thursday next, and on Saturday John Fogg Twombly, of W. H. Fogg & Co., of New York, and others will appear. The committee desire that the testimony be closed and the case given them on February 13, in order that they may submit their report before the adjournment. The committee will meet again on ‘Wednesday. CONGRESSTUNAL NOTES, The majority of the Teller Committee intended to have a meeting to-day, but in deference to the con- venience of some of the members who were engaced on other committees it was postponed until to- morrow, when the testimony of Judge Mackay, of South Carolina, will be taken. Tho Vice President laid before the Senate to-day the credentials of Mr. Daniel W. Voorhees, elected United States Senator to fill the unexpired term of Mr. O. P. Morton, deceased, ending on the 4th of March next; also his credentials as United States Senator for the term of six years from the 4th of March, 1879, Mr. Voorhees, who has had the seat by appdintment from the Governor of the State since the death of Mr. Morton, advanced to the Vice Pres- ident’s table and took the oath of office under his new credentials. Mr. McCreery, of Kentucky, presented to the Senate to-day a bill to transfer the office of Indian affairs from the Interior to the War Department. It was laid on the table at the request of Mr. McCreery, who gave notice that he would call it up hereafter for the purpose of submitting remarks thereon. JUDGE BLODGETT'S CASE. WITNESSES CALLED FOR THE DEFENCE. Cricaao, Ill., Feb. 3, 1879. ‘The Blodgett investigation this morning proceeded in the absence of Mr. Lapham, both the counsel and that gentleman advising that course. The defence called Judge Drummond, who testified that Judge Blodgett’s instructions to grand juries were like his own: Blodgett often lacked patience and amiability toward juries and counsel, but ho was sorely tried by his amount of work. Le possessed great executive ability; did not know that he “took the bit in his mouth” oftener than other judges of decided charac- ter; did not know that he was partial to the older members of the Dar; had heard complaints of his tem| from young and old members of the Bar; did not know of any lawycrs “having the ear of the Court.” Preference is often given to the older mem- bers of the Bar without injury to the younger. REGISTER HIBDARD'S TESTIMONY. The defence then called Register Hibbard, who said that in 1875 he sqeued to Judge Blodgett to resolve doubts as to the interpretation of the Dankruptey act, his difficulty being how to make tho aunual reports. Ph Blodgett gave advice which be followed mi- nutély in reportingefees and dividends. On ‘cross-examination he explained the technical difficulties regarding fees earned in cases taking years to settle; he considered deposits of fees a trust fund; he believed most other registers made reports as he did. His cash books were then submitted for serutiny and he explained them. He said he had made Judge Blodgett a present of a watch and chain, in token of appresiation for favors done before he ‘was appointed Register, and had given a few Christ- mas presonts to him or his family. Witness always tried to make as honest and com- plete reports as possible. He consulted carefully with the Judge and other lawyers on the matter, and they agreed as to the construction of the Jaw. He had never stated that Judge Blodgett construed the law for him, although that was the fact, for he con- sidered that Judge Blodgett had enongh trouble of his own, but he was touched at the manhood of Judge Blodgett in assuming before the Grand Jury the responsibility for the register’s con- struction. He wished now that he had been indicted for perjury, as he could defend and exonerate him- self, and it would have obviated this charge against Judge Blodgett. Tu the afternoon tho defence put on record resolu- tions of the Bar Association declaring confidence in Hiboard and the memorialists, and that the associa- tion was divided upon the resolutions, as was shown by the minntes, W. H. Bradi Clerk of the Cirenit Court, testified he had in 1875 doubted thocorrectness of Hibbard’s manner of mak! » but accepted Judge Blodgett’s interpretation as correct, as a matter of course; he never heard Ji Blodgett allude to it. He testified to the general honesty of Hibbard’s re- ports and conduct. IMPROPER USE OF MONEY. The memorialists read chargo third—that Judge Mlodgott had borrowed and converted to his own per- sonal use moneys belonging to the registry of his court. Before considering this, the first charge was closed up by calling up Florsheim, Weatherill and Sisson, who’ testified that they had received from Hesing $2,500 to prevent them as creditors of the Germania Insurance Company from objecting to an arrangement by which his notes wero disposed of; did not know that this was done by any arrangement with Judge Blodgett or Assigneo Vocke, General Leake, Vocke's law partner, testified that he regarded Hesing insolvent and hopelessly involved in the manufacturing company’s affairs; Judge Blodyett knew thoroughly the condition of Hesing's Atiairs trom judicial proceedings before him, and aid wisely in not entering judgment, but making a pri- vate sale; an execution at that time would not havo realized a cent, Adjo tion, OUR CUSTOM HOUSE. Confirmation.of Messrs. Mer- ritt and Burt. THIRTY-THREE TO TWENTY-FOUR. A Spicy Debate in the Ex- ecutive Session. ANOTHER LETTER FROM GENERAL ARTHUR. The President’s Opposition to the Ex-Collector Explained. AN ANALYSIS OF THE VOTE. PROCEEDINGS IN EXECUTIVE SESSION, Wasninton, Feb, 3, 1879. The consideration of the nominations of Edwin A, Merritt to be Collector of Customs and Silas W. Burt to be Naval Officer for the Port of New York was resumed by the Senate in executive session to- day at one P. M. Senator Baxanp, as soon as the doors were closed, submitted a motion that they be reopened and that all proceedings be conducted in public. Senator EpMunps objected to the present consider- ation of this motion, and it therefore went over under the rules. SPEECH OF SENATOR BAYARD. Mr. Bayanp then took the floor, and made a speech of considerable length and wuch earnestness in favor of confirming the nominations. He referred in detail to the testimony taken by the in. vestigating committee of which he was a member, some years ago, showing, as he alleged, gross malad- ministration of the New York Custom House under Collector Murphy, and he claimed it was then, and had been since, a mere political machine and a source of corruption. He heartily favored the President's Acclaration of an intention to reform its administra- tion by placing it on business principles, and to this end would vote for the removal of Messrs. Arthur and Cornell and the confirmation of the pending nom- inations as a step in the direction of much needed re- form. IN OPPOSITION. Mr. Epunps was the next speaker. He strongly opposed the removal of General Arthur (the pending question being on General Merritt’s nomination only), and insisted that no suflicient cause had been shown to justify it. In the course of his remarks he combated the idea that, in order to properly adminis- ter tho affairs of a custom house, it was necessary that the Collector should be a personal friend of the President or of the Secretary of the Treasury. It was the duty of an officer to obey the law, and unless corruption or inefficiency were proven he should be retained in office regardless of mere personal feelings or partisan preferences. Mr. VoornEgs opposed the confirmation of General Merritt on the ground that although there were abuses to bacorrected he was not satisfied that Mr. Merritt was a fit man to be intrusted with their cor. rection. Mr. Kernan took similar grounds. The New York Custom House had been run as a political machine, but in his opinion there would be no improvement effected by placing it under control of Mr. Merritt, who was a mere poli- tician, with nothing in his, record to commend him for the appointment. While, therefore, he (Mr. Kernan) was not willing to vote for Mr. Merritt he was not willing, on the other hand, to indorse Mr. Arthur. Consequently, he should decline to vote at all. Mr. Howe then made a speech of about a haif hour's duration, in which he took up and compared the charges and tbe replies, and arrived at the con- clusion that there was no good cause shown for the proposed removals. Mr. CockRELL, reviewing the controversy, said it ap- peared that very gravecharges had been mado against Arthur, and in return very serious allegations were made against Secretary Sherman, the truth of some of which the Secretary seemed to admit. He therefore thought. the only proper way to deal with the subject would be to recommit it to the Committee on Commerce, with power to send for persons and papers, and make a thorough inves. tigation of Custom House affairs, &c., under General Merritt's administration. Ho therefore submitted @ motion to that effect. A PARLIAMENTARY QUESTION. Mr. Monaay. after making a speech of much the same purport as Mr. Cockrell’s, moved to indefi, nitely postpone the pending nomination, on the ground that this would indicate that the Senate did not consider Merritt a proper man for the place and would open the way for the President to send in another name. The presiding officer (Mr. Mitchell, occupying the chair temporarily), ruled that. this motion was out of order as it involved final action, and under the rules of the Senate, although postponement to a fixed date was permissable, the final question on a nomination must always be, ‘Does the Senate advise and consent to its confrmation?” A long discussion ensued on the parliamentary question thus raised, and after six or eight Senators had spoken (nearly all of them supporting the de cision of the Chair), Mr. Morgan withdrew his mo- SENATOR CONKLING’S SPEECH. The question then recurred on Mr. Conkling’s motion to recommit, and Mr. Conkling took the floor ta close the debate. He sent to the Clerk’s dosk General Arthur's letter to him of tho Ist inst., in reply to Secretary Sher man’s last communication, ,, It iss follows:— ANOTHER LETTER YNOM GENERAL ARTHUR. New York, Feb. 1, 1879. Sm—Mr. Sherman's communication ot, January 31, 1879, replying to niy auswer to his ch: ainet me contains ‘so little that is new that 1 do not care, by the presentation to the Committee on Commerce or the Senate of a formal reply, to afford him the pretext for delay which he so obviously seeks. I may, how- ever, without impropriety call your attention person- ally to one or two points, ‘The chief characteristic of Mr. Sherman's reply is the care with which he avoids the real points. T he enlarges on the illegality ot the system of « permits," but he carefully avoids referring to the fact that the acting Collector is bey myn the same sys- tem which existed while I was in office: that he has issucd more free permits monthly than I did, and that Mr. Sherman farnishes him the blanks which ne uses for that Sager Again, he returns to the charges that the clerks employed in making up the statements for refun cessors, he is now to be adjudged whether I was justified in retainii vice. Charges were made Tong fore I became Collector against one who had been for nearly 4 quarter of a century an officer of the Custom House, and had risen gradually to the position of Collector, They were then investigated and declared unfounded, “They were afterward more than onee reviewed and missed, Other charges were made against him for his acts after [ becaine Collector, ‘They were not only dismissed by Mr. Sherman’s predécessors and his promotion approved, but were also dismissed by te . Sherman himselt, who, alter personal investigation, stated in his letter of June 3, 1877, “I do not see suiicient cause for re- moval,” and thereafter approved his reappointment. GRATUITIES, In referring to his restoration to office of a store- keeper whom I had removed for taking gratuiti and whose removal had been approved Mr. Sherman Says that the storekeeper was “a man of unimpeac able character, that he has been told that the fee pai Was part of his compensation for writing over hours; there was nothing to show that he was corrupt in his receipt of this ‘and I therefore revoked his dismissal. But it impeachable character” is a good excuse for taking fees: in this case, why is it hotin the case of ‘ks employed in making up statements for refund? Mr. Sherman, with his per- sonal acquaintance with one at least of these clerks, will hardly venture to say that his character is not Mnimpeachable, Again, if it is an excuse in this case for taking gratuities that they were taken in ‘‘com- pensation for writing over hours,” why is not the ct equally a detence for these same refund clerks, whose work was all done “over hours,” and for the entry clerks, weighers and inspectors, all of whom can ‘with equal propriety justify their taking of the money alleged to have been received by them Hi 3 the same excuse of “over hours?’ Nor is there any pretence that there was anything corrupt in the taking of any of the fees referred to herman, They were taken in pursuance of & pra ice which had existed for a great many years, which had been tacitly if not directly approved by more than one collector and secretary. Some of them, such as the payments made to inspectors on the discharge of vessels for work done over hours, sometimes through the whole night, have been in- corporated with the existing system, while others continue under the adininistration of those whom Mr, Sherman so highly commends. Mr. Sherman suys that as to the storckecper already referred to, “where Mr. Arthur gets authority to assert that his restoration was made at the request of prominent politicians * * * is beyond my knowledge.” It he will refer to his letter to me of June 11, 1878, he will find my authority was himself. CHARGES AND COMMISSIONS, As to the payment by attorneys of compensation to the clerks employed out of office hours in making Up the statements for refund in charges and com- mixsion cases, Mr. Sherman says that I do not state what is a fact in saying that the objectionable practice of receiving pay from the importer was suggested by the law officer of the government. He adds that the Collector does not anywhere mtimate that they were to be paid other than by their salary allowed by law. Let us see who does “not state what is a fact.” For about six years peion to 1871 the refunding of duties illegally exacted in these’ cases had been going on. Hundreds of suits were brought. The Court held that there was no defence, and all that was necessary was the ascertainment of the precise amount due, and such ascertainment was arrived at by these statements for refund. Such statements were uniformly made up by clerks in the employ of tho government. For this service (then rendered some- times at least during office hours) the clerks were paid, beyord their regular compensation, witness fees at the rate of $150 per day, the amount being taxe for them in tho bills of costs and paid to them, though in fact they never attended in court, except simply to swear that the calculations they had made were correct, but they were paid as witnesses for as many days as it was estimated they had been occupied in making up the statements. The records of the Circuit Court in this city abound with such bills of costs. I enclose acopy of one of them taken at random. The amount in this case, as in others, appears by the judgment roll to have been taxed for and paid to aclerk in the Custom House. In 1871 a change in the system of disposing of these cases was directed by the Secretary of the Treasury, and they were all referred to the Hon. Edwards Pierrepont, Tho So- licitor was familiar with the existing system, includ- ing the payments made to clerks as witness fees, and in directing the change of system he wrote :— I prosume there will be no difficulty in securing the Proper, clerical assistance in making ip the udjustinent ‘rom clerks connected with the Custom House who have hithorto been detailed to that dut, If the Solicitor supposed these clerks were to do the work as part of their’ official duty and without extra compensation he would hardly have used such language. He would rather have said:—‘I will see that the clerks in the Custom House are directed to make the statements for refund,” or something of that nature; but, in fact, he had no.such idea. ‘he whole subject of the pay of the clerks was a matter of decision with him. They were paid for their ser- vices a(ter the cases went before Judge Pierrepont as they had been paid previously, the compensation beihg taxed as witness fees, frequently for a large number of days, though they were before him in each case only long enough to swear to the truth of their calculations, ‘The same system has continued since. It has been directly sustained by the Circuit Court, when, on a taxation of costs, a former District Attorney objected to it, and it was also assented to by the’ Secretary of the ‘Treasury (Mr. Bristow). herm: that, the dey ‘partment maki Mr. SI an says \e} 8 NO bortiiain’ of the issue of “free permits’ for the ad- mission of goods not liable to duty “after a lawtul examination by proper officers,”’ but he says he does complain of the “tree entry of goods subject to duty without examination ‘and without appraise- ment.” ‘The fact is that “free permits” are issued now precisely as they were while I was in office. ‘There is just the same and just as little examina- tion now as then. If the practice was wrong under me it was equally wrong under my predecessors for half a century, and is equally wrong under the uct- ing Collector. ‘The only change in the system whi: has been made for many years was m t introduction by me of an “informal entry, by which goods which had previonsly escaped duty because the amount in each case was trivial were subjected to duty, whereby in the aggregate a considerable gain was made to the government. Of such informal entries there have been under the act- ing Collector an average of 100 a month, ‘These are, of course, in addition to the ‘free permits.” INCREASE IN EXPENSES, As to Mr. Sherman's table of changes in the force employed in the Custom House, it should bo observed that these changes arose in part from changes in the system, Atone time the department directed that about seventy persons previously paid as laborers shouid be transterred to the roll of officers, thus mak- ing an apparent increase of force when there was none in fact. The table of changes in the force and expenses on pages 11 and 12 is, so far as {t relates to the year 1877, manifestly incorrect, as it claims that un increase of eight persons in the force caused an increase of $146,000 in expenses. Tho table, so tur as itis correct, shows that there was a decrease 'y, but is him in the ser- in & certain class of cases receive gratuities, but he docs not refer to the fact that I called his attention to this practice in April last, and that the clerks he now stigmatizos as guilty have been ever since re- tained by him in the Custom House. S80 he enlarges onthe enormity of the acts of the weighers, but he fails to stato that every ono of the weighers whom he retained in office on the reduction of the force were those against whom he now makes these charges: that the charges and the evidence were alike known to him when he directed their retention, and that in the letter directing it he declared that the irregularities they appeared to have committed were pardonable. In like manner, while admitting that he restored one of three subordinates removed by me for taking gratuities, he is careful not to refer to the fact that he did not restore his two associates, who were equally innocent or guilty. When referring to the investigation of the ch: made by the Senate committee of which Mr, Buck. ingham was chairman Mr. Sherman must have been oblivious of dates. That committee commenced its investigation within two weeks of my entering upon the duties of Collector. My administration was in no sense the subject of its examination. Mr. Sherman refers to the abuses which sprang out of the “moiety system,” but fails to state that the complaints against that system arose chiefly from the acts of momoers of the corps of special agents whom he volunteers to defend. ‘The two individuals whose conduct was most severely impugned happen to have beon precisely that one on whose charges agaist Mr, iydecker Mr, Sherman now so greatly relies and that other one who was the controlling ecient in the Meredith commission, on whose report, with utter disregard to its date, he claims to have acted, THE CHARGES AGAINST LYDECKER. As to Mr. Lydecker, it should be borne in mind that, so faras I am ‘concerned, the question is not whether, in spite of the Ly cones dismissal of the charges against him by Mr. man and his predo- in force and increase in expense in every year after 1874, but Mr. Sherman, while expressly admitting that'Teould not change either without the sanction of the Secretary of the Treasury, holds me responsi- ble for every increase, but gives’ the credit of every decrease to the Secretary and special agents. With reference to the offer of a position abroad, if I would resign the Collectorship, Mr. Sherman retors to it as if it were a casual and passing matter, In however, not only was it offered me, but when 1s obviously about to decline it it was suggested I should not give an immediate answer, and d. Mr. Sherman ining it. quently the offer was ren utterly misstates my reason for d THE JAY COMMISSION. As to the constitution of the “Jay Commission,” I had nothing to do with king it up further than to do what was directed by the Treasury Department. As to its procedure I was informed by the chairman that it couid only investigate systems, not indi- viduals, and the commission refused to receive evi- dence to meet specific charges, some of which are now paraded as proved or admitted, There was no eross-exemination allowed; every one who thought he had a grievance was permitted to state it, and tre- quentiy in seeret witnesses were coached by details of special agents who had apartments at a promi- nent hotel, where one member of the commission constantly attended. Mr. Sherman in his letter follows the commission in stating “it was tescified that there was a complete list of irregular fees adopted by all of the weighers,” though his attention had been twice direeted by me to the tact that while one witness so testified alithe other weighers, twelve in number, denied the statement under oath, and in vain asked to be exemined, Atter such a sample of the pro- cedure ot the “Jay Commission” it is unnecessary to yo into turther details. Mr. Sherman says that the evidence before the commission Was accessible to me, and would have been published upon a request trom me. On the I never had access to it, and in my letter ‘oveniber 23, 1877 (printed by the Senate in docu- it “executive D, page 31’), Lexpressly requested wee gs the evidence to Congress that it sible, NON-PAYMENT OF DUTIER Almost the only new charge made by Mr. Sherman is “that it has been shown that goods upon which the duties amounting $120,000 were delivered to’ the parties without payment ot any duties to the govern- ment, and in @ suit to recover these duties it is claimed by the importers that the unlawful delivery was due to negligence, or something worse, on the part of the customs officers under the charge of Mr. Arthur.” This ret to whet is known as the “Benkard & Hutto case.” The facts are that the goods were delivered in part under my predecessor, in part during my term of office, and in part since my suspension, and that there is not a particle of evidence that “the unlawtul delivery was due to negligence or something Worse on the part of customs officers under the charge of Mr. Arthur,” and Mr. Sherman will not assert that there is any such evidence. In- deed the government has in effect asserted the con- trary on the records of the District Court. It is well known that the delivery of the gooda was obtained by forgeries committed by the broker of the im- ote 8, without collusion on the part of any customs officer. might be FARMER'S STATEMENT. Asto tho statements made by one Farmer, a dis- charged clerk, in ® letter transmitted by Mr. Sher- man, I have to say that he was dropped irom the force in consequence of the reduction advised by the Jay Commission. That reduction caused the consoli- dation of thedivision of which Mr. Farmer was chief clerk with another division. Both chief clerks were dropped and two deputy collectors were retained— one as deputy and the other as chief clerk. Mr. Farmer's discharge had nothing to do with any tes- y he gave, as he hims@lt knows and has re- peatedly stated. With referdnce to his other state- ments, I hear of them now for the first time. If true, it shows that he was dropped from the force none too soon, A subordinate who, knewing of such occurrences a6 he states, fails to communicate them tothe head of the office, | unfit for any public position and as utterly unworthy ot credence. I have had no opportunity to inquire into the truth of his allegations. I know that some of them are untrue—those referring directly to my- self certainly are so—I believe all of them to be so. Goods ht wppear on the face of the papers as dutiable when, in fact, they were free. This would be true of the personal eflects of Americans who had lived or died abroad, and of many other classes of goods which form a large proportion of those for which free permits are properly given. The evi- dence that they were of this nature would not come to Mr, Farmer, but would be subsequently presented to Mr. LygecKor, whose “check” “free on oath” was, therefore, legal ana proper. CHE WAREHOUSES, Mr, Sherman also transmits a letter of one Wood attacking my course with bonded warehouse of H. J. Me; wer is very sitn- ple, Almost imn after I took office I put en end to a long standing cause of complaint arising what were known ax general order ware- Ageinst the system I introduced there never been a shadow of complaint. It was au tial feature of that system that each steamship line bringing goods to this port sh be aliowed to designate’ a warehouse situated in the district in nuded, to which all unclaimed goods should nut. Ihe White Star line designated Mr. Meyer's warehvuse and I approved it. wo years later this steamship company changed its place of land- ing. Mr. Meyer sought to continue to reccive their goods by procuring a warehouse in the district in Which the new picr was situated, but he never was able vo induce the steamship company to select his warehouse, and so I retused to send him the goods, though I repeatedly told him thar ir he would procure such selection I would approve it. To have given him the goods without such ation would have been an utter abandonment stem, As to the delay in bonding his ware- house, it was because the Secretary of the Treasury thought no new bonded warehouse was needed in that locality and because of doubts entertained by him as io its safety by reason of the situation, As to the assignment of two storekeepers to Mr. Meyer's warehouse, it was in pursuance of the rule that when there were two buildings adjoining, but not con- nected, used as bonded warehouses, a storekceper should be assigned to each. As soon as Mr. Meyer consented to connect his warehouses so as to enable one storekeeper to supervise both the second one was withdrawn. All the matters reterred to in Mr. Wood's letter were repeatedly the subject of investigation and report by special agents, and the complaints were always reported unfounded. THE QUESTION OF TARE. Asto the question of tare Mr. Sherman, by omit- ting to refer to the fact that I had, by my action in individual tablished a rule as to tare, secks to give the impression that the system which has ef- fected so considerable a saving originated with Mr. Merritt. POLITICS IN THE CUSTOM HOUSE. ‘The President, in his letter transmitting Mr. Sher- man’s, introduces a charge with reference to the use ot the Custom House in politics. Mr. Sherman, in Doth his letters, refrains from making any such charge, I presume because he knew better how cor- rectly it had been answered, as far as I am concerned, by the facts stated in my letter to himseit of Novem- ber 23, 1877, printed in Senate document, Executive D., pages 31-32, and how applicable it was to the con- dition of things under the acting Collector. So far as the acting Collector is concerned the attempt io use the power ot the administration to control the last State convention, and even the local organizations in this city, is notorious. It has been to some extent expressed by the press with specitica- tions of acts and names. In my former letter (p. 25) I stated that I was informed that the force of subordinates had been so increased under the acting Collector since my sus- pension that the amount paid for salaries under him during the latter half of 1878 was considerably larger than the amount paid under me during the first half of the same year, You will see by the statement annexed to my supplemental letter of January 29, 1879 (erroneously printed July in the document already referred to, p. 23), that my statement was strictly correct, I ami now intormed and assert that very re- cently seven additional night watchinen, nine in- spectors and three clerks have been appointed, As I ain not aware that there has been any recent increase of business which calls for such an increase of force, and as, of course, Mr. Sherman would not sanction an increase for any other reason than that the exigen- cies ot the service demanded it, 1 think I am justitied in saying that my views as to necessary force are being gradually, but surely adopted. Very reapect- fully yours, Cc. A. ARTHUR, To Hon. Roscoe ConKLING, United States Senate, Washington, D. C. At the conclusion of the reading Mr. Conkling proceeded to make an hour's speech, very earnestly opposing confirmation and going over the whole ground of the charges against Messrs. Arthur and Cornell to show that they had been tnopeughly refuted. SHERMAN’S CIVIL SERVICE REFORD Referring to the complaint of the Pre dent and Secretary Sherman, that the New York Custom House had been used as a political machine for the benefit of personal and political friends of the “persons who controlled ap- pointments, he read several letters from Secretary Sherman, and Assistant Secretary McCormick, ad_ dressed to Collector Arthur, in which they requested appointments for their personal or political friends, Among them was one from Secretary Sherman to Collector Arthur earnestly rccommending a son of Justice Bradley for an appointment, and saying at the close that he (Mr. Sherman) ‘hoped for manifest reasoas that it would be considered favorably.” Mr. Conkling also read to the Senate a letter written to Collector Arthur by the President (or by the Presdent's direction) recommending for appointment as Deputy Collector a gentleman (Mr, John Q. Howard) who had written President Hayes’ biography. General Arthur declined to comply with the Prosident’s request, on the ground that he did not think it advisable or proper to confer so important an appointment upon any man who had not come up through the lower grades of the service and shown fitness for the posi- tion, The day he thus declined to violate the Presi- dent's civil service principles was, said Mr. Conkling, a sorry day for General Arthur, for the President's opposition to him seemed to date ftom this refusal. In the course of his further remarks Mr. Conkling referred to the President's alleged purpose to make ew nominations to displace Arthur and Cornell, in the event of the Senate's rejecting those now before it. He argued that it isaconstitutional prerogative of the Senate to say whether or not officers shall be re- moved, and it the President undertook to execute the threat attributed to him he might find himself standing on very slippery ground. Mr. Conkling, in conclusion, intimated that he would go into the matter at more length were the session an open one and if the hour were not so late, but under the circumstances he would content him- self with asking for the Senate's decision. ‘A vote was then taken on the matter for recommit- tal, and it was lost by 7 or 8 majority. THE VOTE. ON THE NOMINATIONS. The roll being next called on the question of con- firming the nomination the vote resulted yeas 33, nays M4, as follows :— Yxas—Mossrs. Bailey, Bayard, Beck, Burnside, Cameron of Wisconsin, Coke, Conover, Davis of Wes i Dawes, Donnis, Ferry, G Grover, Hnrris, I 4, Hill, Hoar, J irkwood, MeCceery,’ MeMiilan, M . Mo trill, Oxlosby. Randoiph, Ranson, Saunders, Shields, Whyto, Windom and sars. Allison, Anthony, Blaine, Booth, Bruce, of Dlinois, Bate: ic. M eb torsou, Rolling, Sargent, Spe Christiancy, Lamar, Merrimon, Mitchell, Pad Teller and V Messrs. Butlor, Plumb, Thurman and Wailace who would have voted “yeu,” were paited with Messrs. Barnum, Edmunds, McPherson, Ingails, Sharon, Dorsey and Cameron of Pennsylvania, who would have voted “nay.” Messrs. Kernan, Jones of Florida, Maxey and Wad- Joigh, though present and not paired, aid not vote, and Mr. Eustix, making the seventy the Senate, was absent without a pair. CONFIRMATION OF BURT. The nomination of Silas W. Burt was then disposed of by confirmation, without debate, the vote stand- ‘ixth member of rd, Beck, Burnside, Cameron Di West’ Vircinia, ip) nd Windom: 1. ine, Hooth, Bruce, ‘on, Gurland, Howe, « Mitehell, Rollins, NG then submitted a motion that the be removed from the votes. to amend by removing the been said. This amendme l to by a small majority; but subseq r ORRILL offered as a substitute the original proposition i diferent phraseology, and after much debate and an unsuccessful attempt by Mr. Bailey to extend the order for publicity to the letters of General Arthur,. wl a were read by Mr. Conkling, the substitute was agreed to and the Sen- ate closed its continnous executive session of nearly seven hours by adjourning. ANALYSIS OF THE VOTE. An analysis of the vote and of the “pairs” on Gen- eral Merritt's nomination shows that twonty-seven democrats and thirteen republicans favored contirma- tion, and twenty-three republicans and seven demo- crate were opposed to it. One independent (Davis, of Tiinois) voted against confirmation, four democrats who wore present refrained from voting, aud one democrat was absent without a “pair.” OPINIONS OF SENATORS AND ASSEMBLYMEN AT ALBANY — REPUBLICANS THINK THAT ALL THINGS ARE WORKING TOGETHER FOR THE GOOD OF THE REPUBLICAN PARTY—THE DEM- OGRATS QUITE SATISITED. [BY TELEGRAPH TO THE HERALD.) ALBANY, Feb, 3, 1879, ‘The news of Collector Merritt's confirmation and the detent of Senator Conkling reached the Senate and Assembly chambers about nine o'clock. A de- apatch was received by Mr. George Bliad, giving the result of the vote. It caused considerable commo- tion. Great surprise and disappointment wero mani- fested among the life-long supporters of Senator Conkling and a corresponding feeling of congratula- tion among the anti-Conkling people. The fifty gen- tlemen who signed the petition asking for Merritt's Mr. Cox injunction of moateey Mr. Brox moved injunetion also from all that had temps himself as | confirmation aud who adhered to their postiion were 3 particularly delighted. The half dozen Assewblymea who were induced to withdraw their signatures by tel- egraphing to Washington seemed to feel their position keenly. I talked with some of the leaders here as to the political effect throughout the State of this Conk- ling defeat. Some of them are of the opinion that if the fight is kept up by Mr Conkling and triends the machine as it now stands will be smashed in pieces. In fact, they look upon the result of the Washington fight as opening a new era in republican polities in the State of New York. They contend that it will carry to the frout all that element which the republican machine has lately forced out of the rauks of the party, and that it will again bring forward such leaders as ex- Governor Fenton, E. D. Morgan and their followers, SENATOR CONKLING'S FUTURE. A prominent republican summed up the result of the fight at the Delevan, this evening, by remarking:— “In the future Senator Conkling will be called upom to devote his energies to the defence and develop. ment of republican themes for the government of the country; in other words, to play the part of a statesman and leave the political machine to be at- tended to by the people, who are determined to take the matter into their own hands.”” ‘How as to the party machine in New York city ?* id. tis now absolutely inthe hands of Mr. Conk+ ling’s triends—you understand that patronage geal erally contro!s—and, if it is necessary for the dis tri leaders to save their heads by chenaing thats ill put in their allegiance to the new dispensa “Do you think Senator Conkling’s friends under the circumstances will be able to control the next State Convention ?” “I think not. If there is any organization of the anti-Conkling forces it will be impossible for the gen- tleman to retain his prestige in the State as far as controlling nominations is concerned.” HOW THE DEMOCRATS LIKE IT. The democrats here are highly rejoiced at the gloom which prevails among the Conklingites and the good feeling among the opposition republicans, From this stute ot affairs they prophesy a decided split in the republican ranks throughout the State, Among the clemocratic Senators, who had signed unanimously the Merritt petition, the news seemed to be particularly gratifying. There was, however, uo running about or hearty congratulations shown by the enemies of Senator Conkling. It was more ot a quiet discussion of the result of the controversy and its probable effect upon the republican party in this Stute. The most casual observer must have noticed that a general feeling of relief existed that the dispute had at last been sett VIEWS OF SENATORS. With a view of obtaining the opinions of some of the Senators upon the probuble etlect of the confirma- tion upon the republican party in the State of New York and the question of the fuvure leadership in its ranks, a HERALD representative interviewed sev- eral of the Senators late to-night. Extreme caution in expressing positive opinions upon the subject marked the replies of ail who were ape proached. Upon one point all were agreed—nametly, that it was 4 good thing tor the party that the con- troversy had ended. When asked concerning its effect upon Senator Conkling as a leader, in inost cases the answers were evasive. Senator Lynde, who was one of the three republicans who voted against the acquittal ot Superintendent Smyth last wiuter, has been generally looked upon as an administration republican. When asked his opinion of the situation) he replied, “I have wondered tor some time that Mr. Conkling has pushed the fight so far. Collector Arthur has had an opportunity to vindicate himself and that is all he could ask. The people don’t care to share in any personal controversies, If Mr. Conkling acquiesces in the decision of the Senate the republi- cau party will be stronger than ever before. My own constituency are largely for Mr. Conk- ling. I, myself, am a Conkling man, but I am not in tavor of fighting over noching, and, inas- much as Mr. Arthur could not be reinstated, I think the best way to settle the matter was to contirm Mr, Merritt.” Senator Turner has always been counted smong Senator Conkling’s warm admirers, but he says that he never has been a factionist and has not taken part in the present controversy. He further remarked, “I have deprecated any contest over the Custom Hous appointments, because it tended to disturb the narmony established at Saratoga last fall. Republi- can harmony is more essential than the personal feeling ot any one man in the party, aud tuough, per- haps, Alr. Conkling could not have done less thau to make a fight tor his friend Mr. Arthur, I think that, now that the present Collector has been confirmed, he ought to acquiesce.” Senutor Robertson, who is proverbially a man of hard work, and who ‘never scems to mingle in the personal politics of the State, is very cautious im the expression of his opinions. He refused to say anything upon the subject, but trom a Senator who had talked with him it was learned that he doeg not view the disposition of the Custom House mate ter with disfavor, but rather thinks it is tor the bes¢ interests of the party that the controversy is ended,. Senator Rockwell said he rey Mr. Arthur-snd Mr. Cornell as fully vindicated by the vote of a large majority of the republican not therefore believe the result would be to the party, provided Mr. Merriit conducted the ollica on purely business principles, as he believed he would. Any other course would be factious, for Mr, Coukling’s acts had endorsea by avast of the republicans of New York, as shown at elections and by his unanimous re-election to United States Senate. Hostility to Mr. Co: his friends would be but the opposition of the minority to the majority, as there was no doubt that Mr. Conkling had the confidence and support of the entire party in the State. Mr. Merritt had great ex executive ability and integrity, und was a good re publican, and although Mr, Rockwell did not tavor the coufirmation of that gentieman, yet the latter, in his opinion, was not to be used as an instrument of dis- cord, He would make a taithful and efficient officer. In Mr. Rockwell's opinion Senator Conkling could not have pursued any other course than he did under the circumstances. Senator Wagner felt satisfied with the action of the Senate. It was about time he thought that the con- troversy should be stopped. It was to bring about this result that he had appended his name to the tition asking for the contirmation of Mr. Merritt. Senator Pomeroy was heard to remark that it was a bad thing to confirm Mr. Merritt. He said it was enough tor the republican party to oppose the democ- racy Without having to fight the democracy and the administration combined. VIEWS OF ASSEMBLYMEN, Mr. Charles Skinner, who represents a strong anti- Conkiing district in Jefferson county, and who is looked upon as oue of the leading opponents of the Conkling interest in the Assembly, felt consider- ably eluted at the turn which affairs had taken in Washington. He said:—“I have always admired Senator Conkling’s abilities, but the difliculty is that he has never exerted his great tulents as a leader ox- cept in some contest over patronage. In this fight over the New York appointments be has sacrificed himself to his friendslup tor Arthurand Cornell. ‘The ending of the contest is sure to be beneficial to the republican party. The best elements in it were heartily sick of the whole subject, and now that it is settled, # question which has occasioned discord is removed from discussion. Senator Conkling has injured himself and weakened his hold upon the republican party. ‘The moral effect of a defeat 1s always bud. I velieve that if the election of a United States Senator were to hap now he would be beaten. I am surprised to learn of the great number of republicans in the Assembly who are rejoiced in the success of Collector Merritt. Mr. H. L. Duguid, of the Third district of Onon- daga county, believed that the republican party would rejoice to learn that the dispute had been set tled and that President Hayes haa been allowed to exercise his right to make tue appointments in ques tion. THE NEWS IN NEW YORK. The news of the confirmation of Messrs. Merritt and Cornell no sooner reached New York than it spread from hotel to hotel and from theatre to theatre till the entire political ‘community ‘wets gossipping about Senator Conkling’s surprising defeat. From certain @yents before transpiring at Washington and from the reliant tone used by Collector Merritt in recent interviews some of the shrewder political sages had already de- duced a victory for the administration party; but to the rank and filo the thwarting of one of Senator Conkling’s pet designs seemed an utter impossibility. It was, therefore, with much amazement they listened to last evening's news. Among the mer+ chants, who form the class most deeply interested in the affairs of the Custom House, there appeared to ba a fecling of relief at the settlement of # long vexed question. NAVAL I NAVAL COURT MARTIAL TO TRY MARINES, [BY TELEGRAPH TO THE HERALD.) Nonroux, Va., Feb, 3, 1879, A court martial has been ordered to con , veno at the Navy Yard on Thursday morn- ing to try several refractory marines. The fole lowing officers compose the Court: Captain 8 Py Quackenbush, president; Captain “Tancis M. Baker, Commander Alired Hopkins, Lieutenant Commander lan, Lieutenant E,W. Watson, and Marine t Francis Harrington, Judge Advocate, WORK ON THE PORTSMOUTH. All the force in the construction work on the Portsmouth, Her have also been condem ‘TELLIGENCE, Denni Lieute! THE QUINNEBAUG AT GIBRALTAR —ORDERS, Wasnixeron, Feb. 3, 1879, The Quinnebaug arrived at Gibraltar yesterday, Alt on board are woll. She will be attached to the Mediterranean station, Rear Admiral Wyman sailed from Norfolk in the flagship Powhatan February 1 for the West India Islands, He states in a despatch to the Secretary of the Navy that he expects to be in St. Thomas Feb. raary 10 and in Havana about the 10th of March, Captain John H. Russell has been detached from special duty and ordered to duty in charge of the Navigation Departinent at the Washington Navy; Yard, Assistaut Surgeon 8, H. Wicksou has rej his return home from the European station, aud has been placed on waiting orders. Chaplain E,W. Hager nas been detached from the navy yard at Nore folk and ordered to the Washington Navy Yard.